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Criminal Lawyer: After commencement of trial, the accused can be remanded to judicial custody only under Sec 309(2) Cr.P.C; SC.

Supreme Court of India

Justice Ashok Bhushan and Justice K M Joseph

The SC {Pradeep Ram vs State of Jharkhand & Anr.} holds that the accused can be remanded under Section 167(2) Cr.P.C during investigation till cognizance has been taken by the court; and even after taking cognizance when an accused is subsequently arrested during further investigation, the accused can be remanded under Sec 167(2) CrPC. Further held that when cognizance has been taken and the accused was in custody at the time of taking cognizance or when inquiry or trial was being held in respect of him, he can be remanded to judicial custody only under Sec 309(2) CrPC.

Held that there cannot be dispute to the proposition that second FIR with regard to same offence is barred. Further held when it was re-registration of the FIR to give effect to the provisions of the NIA Act and re-registration of the FIR is only procedural Act to initiate the investigation and the trial under the NIA Act. The re-registration of the FIR, thus, is neither barred nor can be held that it is second FIR.

Also held that in respect of circumstances  where after grant of bail to an accused, further cognizable and non bailable offences are added; the investigation agency on addition of offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence it need to obtain an order to arrest the accused from the court which had granted the bail.

In the said case after registration of FIR, and grant of bail by the court, subsequently Unlawful Activities [Prevention] Act, 1967 was added against the accused, and central government directed NIA to take up the investigation. The accused was remanded to JC by the order of Special Judge. The order was assailed before the HC, which had dismissed the petition and which order was affirmed by the SC.

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